WHAT THE WORDS MEAN
Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Texas law uses, what it actually means, and the misreading it usually collects.
47 terms
B
Bail
The bond and its conditions, set to give reasonable assurance the person will appear. The person's ability to make it is considered, along with the offense, safety and criminal history.
Also called bond, getting out of jail
The bond and its conditions, set to give reasonable assurance the person will appear. The person's ability to make it is considered, along with the offense, safety and criminal history.
What it is not
The power to require it is not to be used as an instrument of oppression.
C
Class C misdemeanor
The lowest offense level, for which the Penal Code sets a fine of up to $500.
Also called fine only offense, ticket offense
The lowest offense level, for which the Penal Code sets a fine of up to $500.
What it is not
For most of them an officer may issue a citation instead of taking a person before a magistrate, but not for public intoxication.
Community property
Property either spouse has during or at the end of the marriage is presumed to be community property, and the court divides the estate in the manner it deems just and right.
Also called marital property
Property either spouse has during or at the end of the marriage is presumed to be community property, and the court divides the estate in the manner it deems just and right.
What it is not
Showing that something is separate property instead takes clear and convincing evidence.
Conservatorship
What the Family Code calls custody. The best interest of the child is always the primary consideration, and parents are presumed to be appointed joint managing conservators.
Also called custody, managing conservator
What the Family Code calls custody. The best interest of the child is always the primary consideration, and parents are presumed to be appointed joint managing conservators.
What it is not
A finding of a history of family violence involving the parents removes the presumption of joint conservatorship.
Consumer debt
An obligation, or an alleged one, primarily for personal, family or household purposes. Anyone who directly or indirectly engages in collecting one is a debt collector under the chapter.
Also called personal debt, debt collector
An obligation, or an alleged one, primarily for personal, family or household purposes. Anyone who directly or indirectly engages in collecting one is a debt collector under the chapter.
What it is not
A debt collector is not only an outside agency; the chapter reaches anyone collecting such a debt.
Criminal trespass
Entering or remaining on or in another's property without effective consent, after notice that entry was forbidden or after notice to depart. Entry means intrusion of the entire body.
Also called trespassing, no trespassing
Entering or remaining on or in another's property without effective consent, after notice that entry was forbidden or after notice to depart. Entry means intrusion of the entire body.
What it is not
Notice is not only a sign. An owner's oral or written word, a fence, purple paint marks on trees or posts, and a visible crop are notice too.
D
Dangerous dog
A dog that made an unprovoked attack causing bodily injury, or acted in a way that made a person reasonably believe it would attack, outside an enclosure reasonably certain to hold it.
Also called vicious dog
A dog that made an unprovoked attack causing bodily injury, or acted in a way that made a person reasonably believe it would attack, outside an enclosure reasonably certain to hold it.
Deadly force
Force a peace officer is justified in using only when reasonably believed immediately necessary to make an arrest or prevent escape, and either the conduct involved deadly force or there is a substantial risk of death or serious bodily injury if the arrest is delayed.
Also called lethal force
Force a peace officer is justified in using only when reasonably believed immediately necessary to make an arrest or prevent escape, and either the conduct involved deadly force or there is a substantial risk of death or serious bodily injury if the arrest is delayed.
Deceptive Trade Practices Act
The act that declares false, misleading or deceptive acts in trade or commerce unlawful, and lets a consumer who relied on a listed practice recover economic damages, with more where the conduct was knowing or intentional.
Also called DTPA, consumer protection
The act that declares false, misleading or deceptive acts in trade or commerce unlawful, and lets a consumer who relied on a listed practice recover economic damages, with more where the conduct was knowing or intentional.
What it is not
A suit the court finds groundless, brought in bad faith or to harass, costs the consumer the defendant's reasonable attorney's fees and court costs.
E
Evading arrest or detention
Intentionally fleeing from a person known to be a peace officer who is attempting lawfully to arrest or detain the person. It is a Class A misdemeanor, and more in a vehicle or after a prior conviction.
Also called evading, fleeing, running from police
Intentionally fleeing from a person known to be a peace officer who is attempting lawfully to arrest or detain the person. It is a Class A misdemeanor, and more in a vehicle or after a prior conviction.
Eviction suit
The suit in the justice court for the precinct where the property is, through which a landlord recovers a home. The court decides who has the right to actual possession, not who owns the title.
Also called eviction case, eviction
The suit in the justice court for the precinct where the property is, through which a landlord recovers a home. The court decides who has the right to actual possession, not who owns the title.
What it is not
A lockout is not an eviction. A landlord may not keep a tenant out except by judicial process, apart from the conditional lock change the code allows for unpaid rent.
Expunction
The order reaching the records and files of an arrest. A person tried and acquitted is entitled to it, and so, in the cases the chapter lists, is a person released whose charge did not end in a final conviction and is no longer pending.
Also called expungement, clearing a record, erasing an arrest
The order reaching the records and files of an arrest. A person tried and acquitted is entitled to it, and so, in the cases the chapter lists, is a person released whose charge did not end in a final conviction and is no longer pending.
What it is not
It is not the same as an order of nondisclosure, which covers some deferred adjudication cases under the Government Code.
F
Failure to identify
The offense of refusing to give a name, residence address or date of birth when lawfully arrested and asked, or of giving a false one when lawfully arrested or lawfully detained.
Also called refusing to give a name, false name
The offense of refusing to give a name, residence address or date of birth when lawfully arrested and asked, or of giving a false one when lawfully arrested or lawfully detained.
What it is not
Refusing is an offense under the section after a lawful arrest; giving false information is an offense at a lawful arrest or detention; and a detained driver who shows no license and then refuses is a third case of its own.
Family violence
An act by a member of a family or household against another member intended to result in physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the member in fear of it. It also includes child abuse and dating violence.
Also called domestic violence, dating violence
An act by a member of a family or household against another member intended to result in physical harm, bodily injury, assault or sexual assault, or a threat that reasonably places the member in fear of it. It also includes child abuse and dating violence.
What it is not
Defensive measures to protect oneself are not counted.
Forwarding address
The written statement of where to send the refund. Until the tenant gives one, the landlord is not obligated to return the deposit or to give a written description of damages and charges.
Also called new address, where to send the deposit
The written statement of where to send the refund. Until the tenant gives one, the landlord is not obligated to return the deposit or to give a written description of damages and charges.
What it is not
Not giving one does not forfeit the refund, or the right to the description. It only means the landlord's obligation has not started.
H
Homestead
A home exempt from seizure for creditors' claims. An urban homestead is not more than 10 acres, and the proceeds of selling one are not subject to seizure for six months after the sale.
Also called home exemption
A home exempt from seizure for creditors' claims. An urban homestead is not more than 10 acres, and the proceeds of selling one are not subject to seizure for six months after the sale.
What it is not
The exemption does not reach encumbrances properly fixed on the home, among them purchase money, taxes and written contracts for improvements.
I
Implied consent
The rule that a person arrested for driving while intoxicated is deemed to have consented to breath or blood specimens. Before asking, the officer says that a refusal may be used in a later prosecution and suspends the license for not less than 180 days.
Also called deemed consent, breath test consent
The rule that a person arrested for driving while intoxicated is deemed to have consented to breath or blood specimens. Before asking, the officer says that a refusal may be used in a later prosecution and suspends the license for not less than 180 days.
What it is not
Deemed consent does not mean a specimen is taken from someone who refuses. Except where the code requires one, it may not be, and even then not without a warrant or probable cause to believe exigent circumstances exist.
Interception
Intentionally intercepting a wire, oral or electronic communication, or using or disclosing one known to be intercepted unlawfully, a felony of the second degree.
Also called recording a call, wiretap, secret recording
Intentionally intercepting a wire, oral or electronic communication, or using or disclosing one known to be intercepted unlawfully, a felony of the second degree.
What it is not
A party to the conversation, or someone with a party's prior consent, has a defense when not acting under color of law, unless the recording was made to commit an unlawful act.
Interference with public duties
With criminal negligence interrupting, disrupting, impeding or otherwise interfering with a peace officer performing a duty or exercising authority, a Class B misdemeanor.
Also called interfering with an officer, obstruction
With criminal negligence interrupting, disrupting, impeding or otherwise interfering with a peace officer performing a duty or exercising authority, a Class B misdemeanor.
What it is not
It is a defense that the interference consisted of speech only.
Intoxicated
Either not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug or any other substance, or having an alcohol concentration of 0.08 or more.
Also called drunk, impaired, DWI
Either not having the normal use of mental or physical faculties because of alcohol, a controlled substance, a drug or any other substance, or having an alcohol concentration of 0.08 or more.
What it is not
It is not only a number. A driver who tests below 0.08 can still be intoxicated by the first definition, the loss of normal use of mental or physical faculties.
J
Justice court
The court that hears small claims, with original jurisdiction of civil matters where the amount in controversy is not more than $20,000, not counting interest, and of eviction cases.
Also called small claims court, JP court
The court that hears small claims, with original jurisdiction of civil matters where the amount in controversy is not more than $20,000, not counting interest, and of eviction cases.
What it is not
No one is required to have a lawyer there; the rules may not require a party to be represented by an attorney.
L
License to carry
The handgun license, which requires among other things being at least 21, six months' residence, and no felony conviction. A holder carrying a handgun who is asked for identification shows both a driver's license or state identification and the handgun license.
Also called LTC, handgun license, concealed carry
The handgun license, which requires among other things being at least 21, six months' residence, and no felony conviction. A holder carrying a handgun who is asked for identification shows both a driver's license or state identification and the handgun license.
What it is not
Being licensed is not a defense in the places the barred places section lists, apart from an airport screening checkpoint left immediately after saying so.
Limitations period
How long after a cause of action accrues a suit may be brought: four years for a debt, and two years for personal injury, property damage, conversion and eviction suits.
Also called statute of limitations, time limit to sue
How long after a cause of action accrues a suit may be brought: four years for a debt, and two years for personal injury, property damage, conversion and eviction suits.
What it is not
Whether a period has run on a particular claim is a question for the court.
Lock change
A landlord's changing the door locks on a tenant delinquent in rent, allowed only where the lease gives that right and written notice came first. The landlord must provide a key to the new lock at any hour, whether or not any rent is paid.
Also called lockout, changed the locks
A landlord's changing the door locks on a tenant delinquent in rent, allowed only where the lease gives that right and written notice came first. The landlord must provide a key to the new lock at any hour, whether or not any rent is paid.
What it is not
It is not a way to keep the tenant out. The locks may not be changed while anyone lawfully occupying the home is inside, or more than once in a rental payment period.
M
Magistrate
The judicial officer an arrested person goes before without unnecessary delay and no later than 48 hours after the arrest, who tells the person the accusation and the rights that follow, among them the right to counsel and the right to remain silent.
Also called judge after arrest, arraignment
The judicial officer an arrested person goes before without unnecessary delay and no later than 48 hours after the arrest, who tells the person the accusation and the rights that follow, among them the right to counsel and the right to remain silent.
Marihuana
The plant Cannabis sativa L., its seeds and preparations of them, as the controlled substances act defines it. Possessing a usable quantity is an offense, and two ounces or less is a Class B misdemeanor.
Also called marijuana, weed, cannabis, pot
The plant Cannabis sativa L., its seeds and preparations of them, as the controlled substances act defines it. Possessing a usable quantity is an offense, and two ounces or less is a Class B misdemeanor.
What it is not
Hemp, as the Agriculture Code defines it, is not marihuana, and the tetrahydrocannabinols in hemp are not a controlled substance.
Misconduct
A reason for discharge connected with the last work that disqualifies a claimant from unemployment benefits until they return to work and work six weeks or earn wages equal to six times the weekly benefit amount.
Also called fired for cause
A reason for discharge connected with the last work that disqualifies a claimant from unemployment benefits until they return to work and work six weeks or earn wages equal to six times the weekly benefit amount.
What it is not
What counts as misconduct is decided case by case.
N
Normal wear and tear
Deterioration that results from the intended use of a dwelling. A landlord may not keep any part of a deposit to cover it.
Also called ordinary wear, wear and tear
Deterioration that results from the intended use of a dwelling. A landlord may not keep any part of a deposit to cover it.
What it is not
It does not include deterioration from negligence, carelessness, accident or abuse of the premises by the tenant, a member of the household, or a guest.
Notice to vacate
The written notice a landlord gives before filing against a tenant who defaults or holds over: at least three days, unless the written lease or agreement sets a shorter or longer period. A tenant who keeps paying after a foreclosure sale, where the buyer does not continue the lease, gets at least 30 days.
Also called three day notice, eviction notice, notice to quit
The written notice a landlord gives before filing against a tenant who defaults or holds over: at least three days, unless the written lease or agreement sets a shorter or longer period. A tenant who keeps paying after a foreclosure sale, where the buyer does not continue the lease, gets at least 30 days.
What it is not
It is not the eviction. It comes before the suit, and it can be mailed, handed to a tenant 16 or older, or delivered inside the premises in a conspicuous place.
O
Open container
A bottle, can or other receptacle holding any amount of an alcoholic beverage that is open, has been opened, has a broken seal, or has had some of its contents removed. Possessing one in the passenger area of a vehicle on a public highway is an offense.
Also called open beer, open bottle
A bottle, can or other receptacle holding any amount of an alcoholic beverage that is open, has been opened, has a broken seal, or has had some of its contents removed. Possessing one in the passenger area of a vehicle on a public highway is an offense.
What it is not
The passenger area does not include a locked glove compartment or similar storage container, the trunk, or the area behind the last upright seat of a vehicle with no trunk.
P
Probable cause
What a magistrate has to be satisfied exists, on sufficient facts set out in a sworn affidavit, before any search warrant may issue.
Also called good reason to believe
What a magistrate has to be satisfied exists, on sufficient facts set out in a sworn affidavit, before any search warrant may issue.
Protective order
The order a court renders after finding that family violence has occurred, effective for the period it states, up to two years.
Also called restraining order, order of protection
The order a court renders after finding that family violence has occurred, effective for the period it states, up to two years.
What it is not
It is not only a civil matter. Knowingly or intentionally violating it is an offense, generally a Class A misdemeanor.
R
Repair and deduct
The tenant's remedy of having a condition repaired and deducting the cost from rent, once the landlord is liable. One of the notices says the tenant intends to repair, and the deduction in any month may not exceed one month's rent or $500, whichever is greater.
Also called fix it and deduct, deduct repairs from rent
The tenant's remedy of having a condition repaired and deducting the cost from rent, once the landlord is liable. One of the notices says the tenant intends to repair, and the deduction in any month may not exceed one month's rent or $500, whichever is greater.
What it is not
It is not open after a single phone call. The landlord becomes liable only after the notices the code sets and a reasonable time, with a rebuttable presumption that seven days is reasonable.
Resisting arrest
Intentionally preventing or obstructing a person known to be a peace officer from arresting, searching or transporting anyone, by using force against the officer or another.
Also called resisting, resisting search
Intentionally preventing or obstructing a person known to be a peace officer from arresting, searching or transporting anyone, by using force against the officer or another.
What it is not
That the arrest or search was unlawful is no defense to resisting it. Whether it was lawful is a question for the court in the case about it.
Retaliation
A landlord's filing an eviction except on the grounds the code allows, cutting services, raising the rent, ending the lease or depriving the tenant of the premises within six months after the tenant in good faith asked for repairs, used a remedy, complained to a code authority, or took part in a tenant organization.
Also called retaliatory eviction, payback
A landlord's filing an eviction except on the grounds the code allows, cutting services, raising the rent, ending the lease or depriving the tenant of the premises within six months after the tenant in good faith asked for repairs, used a remedy, complained to a code authority, or took part in a tenant organization.
What it is not
It carries its own price: a civil penalty of one month's rent plus $500, actual damages, court costs and reasonable attorney's fees, less any rent owed.
Right to cancel
A buyer's right, where a seller personally solicits a sale away from its place of business for goods or services over $25, to cancel no later than midnight of the third business day after signing.
Also called cooling off period, three day rule
A buyer's right, where a seller personally solicits a sale away from its place of business for goods or services over $25, to cancel no later than midnight of the third business day after signing.
What it is not
It does not cover every purchase: farm equipment, insurance sales, sales on an existing charge account, and sales after negotiation at a fixed business location are outside it.
S
Search warrant
A written order issued by a magistrate to a peace officer. None may issue unless sufficient facts first satisfy the magistrate that probable cause exists, on a sworn affidavit, and most search warrants are executed within three whole days.
Also called warrant
A written order issued by a magistrate to a peace officer. None may issue unless sufficient facts first satisfy the magistrate that probable cause exists, on a sworn affidavit, and most search warrants are executed within three whole days.
What it is not
A phone taken in an arrest is not searched without one, apart from the narrow exceptions the code lists, such as the owner's consent.
Security deposit
Any advance of money, other than a rental application deposit or an advance payment of rent, that is intended mainly to secure performance under a lease of a dwelling. The landlord refunds it on or before the 30th day after the tenant surrenders the premises.
Also called deposit, damage deposit
Any advance of money, other than a rental application deposit or an advance payment of rent, that is intended mainly to secure performance under a lease of a dwelling. The landlord refunds it on or before the 30th day after the tenant surrenders the premises.
What it is not
It is not the last month's rent. A tenant may not withhold any part of the last month's rent on the ground that the deposit covers it, and one who does so in bad faith is liable for three times the rent withheld.
Spousal maintenance
Support the court may order for a spouse who will lack enough property to meet minimum reasonable needs, only in the narrow cases the code lists. It may not exceed the lesser of $5,000 a month or 20 percent of the paying spouse's average monthly gross income.
Also called alimony, spousal support
Support the court may order for a spouse who will lack enough property to meet minimum reasonable needs, only in the narrow cases the code lists. It may not exceed the lesser of $5,000 a month or 20 percent of the paying spouse's average monthly gross income.
Stalking
Knowingly engaging, on more than one occasion and as part of the same course of conduct directed at a specific person, in conduct that is harassment or threatening, that causes fear and would do so to a reasonable person. It is a felony of the third degree.
Also called following, being followed
Knowingly engaging, on more than one occasion and as part of the same course of conduct directed at a specific person, in conduct that is harassment or threatening, that causes fear and would do so to a reasonable person. It is a felony of the third degree.
State jail felony
The felony level below third degree: 180 days to two years in a state jail, and a fine of up to $10,000.
Also called state jail
The felony level below third degree: 180 days to two years in a state jail, and a fine of up to $10,000.
What it is not
It is punished as a third degree felony where a deadly weapon was used or exhibited, or where the person has certain prior felony convictions.
T
Theft
Unlawfully appropriating property with intent to deprive the owner of it, which is unlawful without the owner's effective consent, or when the property is stolen and known to be. The class follows the value taken.
Also called stealing, shoplifting
Unlawfully appropriating property with intent to deprive the owner of it, which is unlawful without the owner's effective consent, or when the property is stolen and known to be. The class follows the value taken.
U
Urban district
Territory along a highway built up with business, industry or homes spaced less than 100 feet apart for at least a quarter mile. On a street there other than an alley, the lawful speed is 30 miles per hour unless a special hazard requires slower.
Also called city street speed, town limit
Territory along a highway built up with business, industry or homes spaced less than 100 feet apart for at least a quarter mile. On a street there other than an alley, the lawful speed is 30 miles per hour unless a special hazard requires slower.
W
Wage claim
A verified claim an employee not paid as the chapter requires files with the Texas Workforce Commission no later than the 180th day after the wages became due.
Also called unpaid wages claim, payday law claim
A verified claim an employee not paid as the chapter requires files with the Texas Workforce Commission no later than the 180th day after the wages became due.
What it is not
The code calls the 180 day deadline a matter of jurisdiction, so a late claim is not one the commission can hear.
Workers' compensation
Insurance coverage that an employer, other than a public employer, may elect to obtain. An employer that does is subject to the workers' compensation subtitle.
Also called workers comp, work injury insurance
Insurance coverage that an employer, other than a public employer, may elect to obtain. An employer that does is subject to the workers' compensation subtitle.
What it is not
Coverage is generally the employer's choice rather than a requirement.
Writ of possession
The order a landlord who wins an eviction is entitled to. It may not issue before the sixth day after the judgment unless a possession bond has been filed, and a sheriff or constable posts a written warning on the front door at least 24 hours before carrying it out.
Also called eviction order, writ
The order a landlord who wins an eviction is entitled to. It may not issue before the sixth day after the judgment unless a possession bond has been filed, and a sheriff or constable posts a written warning on the front door at least 24 hours before carrying it out.
Written notice to appear
The citation an officer issues showing the time and place to appear. For speeding, a phone violation and an open container, a person who signs the written promise to appear is given the copy and promptly released.
Also called ticket, citation, promise to appear
The citation an officer issues showing the time and place to appear. For speeding, a phone violation and an open container, a person who signs the written promise to appear is given the copy and promptly released.
What it is not
Those three are the only offenses for which the notice is mandatory. For other traffic offenses a peace officer may arrest without a warrant.
About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Texas attorney answers and a glossary cannot. Current as of September 2026.